Criminal Deportation: removal of persons convicted of U.S. crimes
Advocacy Links on Resumed Removals | Challenging the Removals | Press on the Removals | Understanding the Illegal Immigration Reform & Responsibility Act (IIRIRA) of 1996 | Mandatory Detention | Legislative Initiatives | Treatment and Prison Conditions for Criminal Deportees | Additional Articles and Reports
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Advocacy Links on Resumed Removals
- University of Miami School of Law — Stopping Deportations to Haiti
- Alternative Chance
- Boston College Post-Deportation Project
- Center for Constitutional Rights (CCR)
- Detention Watch Network
- Immigrant Defense Project
- Families for Freedom
- National Immigration Project of the National Lawyers Guild
Challenging the Removals:
- Deportation from the United States to Haiti: A Violation of the Convention on the Elimination of All Forms of Racial Discrimination (report to UN Committee on the Elimination of All Forms of Racial Discrimination), June 30, 2014
- Addendum to Written Statement on Deportations to Haiti, February 2014
- “Written Statement on Deportations to Haiti” (report for ICCPR), October 2013
- False Promises: The Failure of Secure Communities in Miami-Dade County, April 15, 2013
- IACHR Issues Statement on Deportations to Haiti, December 3, 2012
- A Joint Statement Concerning Haitian Deportations From The US, July 3, 2012
- Half-Hour for Haiti: Help Stop Deadly Deportations, April 21, 2011
- Statement After Formal ICE Issuance of Policy, April 6, 2011
- Submission to Inter-American Commission on Human Rights (IACHR), March 26, 2011
- Selected Comments opposing Immigration and Customs Enforcement’s proposed policy, March 2011
- The Results of the Recent U.S. Decision to Resume Deportations to Haiti: Deportations, Detention and Death, February 23, 2011
- Inter-American Commission on Human Rights (IACHR)’s Grant of the Request, February 4, 2011
- Letter in Support of the Request from 80 groups and nearly 200 experts, January 10, 2011
- Request to Inter-American Commission on Human Rights for Precautionary Measures, January 6, 2011
- Summary of the Request, January 6, 2011
Press on the Removals:
- Canada ends moratorium on deportations to Haiti, Zimbabwe – December 2, 2014
- ‘The Deported’ Shines Light on Haitian Deportation, June 17, 2014
- More deportations follow minor crimes, report shows, New York Times, April 6, 2014
- Why are immigrants being deported for minor crimes?, The Atlantic, November 2013
- Haiti fears Bahamian-born Haitians deported from U.S. will turn to crime, National Weekly, August 2, 2013
- Report: Many foreign nationals detained for deportation are not criminals, Miami Herald, April 15, 2013
- Stop Deportations Now Campaign, December 2010-October 2012
- “Deportations to Haiti Threaten Lives and Tear Families Apart,” Caribbean Journal, September 19, 2012
- “US Reviews Care of Deported Haitian Who Died,” Associated Press, September 20, 2011
- “Inter-American Commission Orders United States to Stop Deportations to Cholera-Stricken Haiti:3,400 Americans Urge Obama Administration to Halt Life-Threatening Deportations after Deportee Death,”IACHR, June 2, 2011
- “Haitian deportations show double-talk from Obama Administration,” New York Daily News, April 27, 2011
- “Deportees in Haiti face bleak prospects in Haiti,” Los Angeles Times, April 24, 2011
- “Halt Haitian deportations,” The Miami Herald, April 18, 2011
- “Deportations to Haiti: Still a Death Sentence,” HuffPost World, by Vince Warren, Caroline Bettinger Lopez, and Sunita Patel, April 8, 2011
- “Stop these inhumane deportations to Haiti now,” by Mark Dow, Guardian, February 8, 2011
- “Continue to suspend deportations to Haiti,” by Michelle Karshan, Sun-Sentinel op-ed, January 19, 2011
- “ACLU and Congresswoman-Elect Frederica Wilson Call on Obama Administration to Avert “Human Rights Disaster,†Halt Deportation of Haitian Nationals,” ACLU, December 29, 2010
- “ICE Should Not Resume Deportations to Haiti,” Huffington Post, December 28, 2010
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996
- Illegal Immigration Reform and Immigrant Responsibility Act – see Pub. L. 104-208
- Summary of the 1996 Immigration Bill
- Grounds of Deportability and Inadmissibility Related to Crimes
- Burden of Proof to Overcome Aggravated Felony Bar
Legal Challenges to Mandatory Deportation
- Governing Human Rights Documents
- Violations of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- CAT Claim Case History for Haitian Deportees
- Ridore v. Holder, Oct. 3, 2012, good Ninth Circuit Court of Appeals CAT decision regarding criminal deportees to Haiti — BIA engaged in impermissible de novo review of the judge’s factual findings, case remanded for consideration under the proper standard
- “Haitian Jean,” Petitioner v. AG of the United States, 2010 U.S. App. LEXIS 18183 (3rd Cir., Aug. 30, 2010) (denied) (risk of physical abuse by prison guards because of his mental illness and his political beliefs).
- Lysaire v. AG US, 368 Fed. Appx. 329 (3rd Cir., March 5, 2010) (denied) (mental illness).
- Matter of BB, Decision of the BIA (February 2, 2010) (“Accordingly, we find that he has sufficiently established that an inability to have access to insulin and other medications, which will trigger psychotic symptoms, in combination with his lack of familial resources and the presence of tattoos, will more likely than not result in the respondent being persecuted by other inmates or security guards, who will either punish the respondent for his behavior or acquiesce in the other inmates’ behavior”).
- Cherichel v. Holder, 591 F.3d 1002 (8th Cir., January 12, 2010) (denied) (insufficient specific intent).
- Louis v. AG, 2009 U.S. App. LEXIS 14114 (3rd Cir., June 29, 2009) (denied) (diagnostic latent Tuberculosis; Rastafarian).
- X v. Y, Decision of the Board of Immigration Appeals (March 10, 2009) (“Given the respondent’s history of mental illness and insulin-dependency, when combined with the harsh prison conditions present in Haiti and the lack of representation in any prior motions presented by the respondent”).
- Thomas v. AG, 308 Fed. Appx. 587 (3rd Cir., January 22, 2009) (denied) (lack of specific intent).
- Castel v. AG, 295 Fed. Appx. 492 (3rd Cir., Oct.7, 2008) (denied) (diabetic).
- Mary Holper, Case of Respondents Who Fear Imprisonment as Criminal Deportees in Haiti: Updates in the Law since Matter of J-E-(Boston College Immigration and Asylum Project, October 2, 2008).
- Dalegrand v. AG, 288 Fed. Appx. 838 (3rd Cir., July 28, 2008) (denied) (schizophrenia).
- Jean-Pierre v. U.S. Attorney General, 500 F.3d 1315 (11th Cir. 2007) (granted) (undisputed evidence seems to show that the petitioner likely will be singled out for crawl-space confinement, kalot marassa, and beatings with metal rods as a result of AIDS-related mental illness).
- Pierre v. Gonzales, 502 F.3d 109 (2d Cir., Sept. 11, 2007) (denied) (‘notwithstanding Pierre’s medical condition [diabetes], Pierre has not adduced the evidence that he will likely be subjected to torture”).
- Lavira v. Attorney General – (3rd Cir. Feb. 2007; remanded for further proceedings)
- Francois v. Gonzales – (3rd Cir. May 2006)
- Auguste v. Ridge – (3rd Cir. Jan. 2005)
- Thomas P. O’Connor, August v. Ridge: Functional Inapplicability of the United Nations Convention against Torture in the United States, 14 Tul. J. Int’l & Comp. L. 237 (2005) (The “specific intent” requirement and the “more likely than not” burden of proof are consistent with the Convention’s implementing legislation.”)
- In re J-E – (Board of Immigration Appeals, Mar. 22, 2002): Though it is maintained by Haitian criminal deportee advocates that the treatment of criminal deportees in Haiti is more egregious than purported in this opinion, In re J-E continues to be followed by immigration judges in denying Haitian deportees withholding. See the Advisories by Alternative Chance for current information about the treatment of Haitian deportees.
- CAT Law Articles
- Mary Holper, Specific Intent and the Purposeful Narrowing of Victim Protection Under the Convention Against Torture, 88 Or. L. Rev. 777 (2009)
- In 2002 in In re J-E-, 23 I. & N. Dec. 291, 300 (B.I.A. 2002), the BIA required the proof of Haitian government specific intent in the precise purpose of causing severe pain or suffering. In In re J-E, specific intent has been defined as “purposeful”. This case switched the focus on the alleged torturer. The author explains why such understanding of specific intent constitutes an insurmountable obstacle. The author then suggests a revision of the definition of specific intent (more consistent with the purpose of article 3 CAT): knowing that severe pain or suffering is foreseeable OR knowledge of foreseeable consequences.
- Deborah Anker, Grounds for Asylum, Withholding, and CAT Protection: Current Issues and Recent Developments in 40th Annual Immigration & Naturalization Institute 339-349, (Practising Law Institute, 2007) (summarizing the lex lata on the definition of torture, the government acquiescence definition and the need of specific intent _ see p.4-7 of the document)
- Henry Mascia, A Reconsideration of Haitian Claims for Withholding of Removal under the Convention Against Torture, 19 Pace Int’l L. Rev. 287 (2007) (describing the adoption of the FARRA, the conditions in Haitian Jails, and how the “intentionally inflicted requirement has been interpreted in Re J-E and its dissents, by the 3rd Circuit Court and by other courts: criterion of purpose of causing severe pain or suffering).
- CRS Report for Congress, The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens (April 4, 2006)
- Mary Holper, Specific Intent and the Purposeful Narrowing of Victim Protection Under the Convention Against Torture, 88 Or. L. Rev. 777 (2009)
- Violations of American Declaration on the Rights and Duties of Man
- Human Rights Watch Amicus Brief to Inter-American Commission in support of Wayne Smith and Hugo Armendariz
- Amicus Briefs Challenging the Validity of Mandatory Deportation Laws These amicus briefs challenge the legality of classifying crimes that are neither aggravated nor felonies as aggravated felonies for purposes of mandatory deportation. The briefs further challenge the practice of mandatory deportation and refoulement.
Legislative Initiatives
- CRS Report for Congress, The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens (April 4, 2006)
- Haitian Protection Act of 2007 – HR 522
- Bills Supporting Best Interests of the Child in Deciding to Deport Non-citizen
Treatment and Detention Conditions of Criminal Deportees in Haiti
- Malnutrition killing inmates in Haiti jails, The Associated Press, February 20, 2017
- Extreme Prison Overcrowding and Lengthy Pre-trial Detention Continue in Haiti Despite International Court Order – July 3, 2013
- Konferans de Près : Mèkredi 26 jen 2013 nan BAI – June 26, 2013
- Death Watch in Haiti’s Jails – The Dominion, August 13, 2009
- Illegal Detention and Inhumane Treatment Await Criminal Deportees in Haiti: Treatment of Criminal Deportees Arriving in Haiti – ALTERNATIVE CHANCE/CHANS ALTENATIV – April 7, 2009
- UN Refugee Agency: Information on Conditions in Haitian Prisons and Treatment of Criminal Deportees
- Advisory By Michelle Karshan of Alternative Chance regarding treatment of deportees in Haiti
- Alternative Chance: Defending the Rights of Women Criminal Deportees Sent to Haiti from the United States, May 8, 2007
- Policy Briefing Regarding Haitian Prisons, January 11, 2007
- Inter-American Commission on Human Rights on Haiti’s Detention Centers –(press release) June 21, 2007
- Haiti prison population rises; US aid ineffective, audit says – Bloomberg, May 3, 2007
Additional Resources
IACHR Decision on Haitian Deportations – November 16, 2012Inter-American Commission on Human Rights statements opposing criminal deportation, etc.Center for Constitutional Rights
Contacts
- Michelle Karshan, Executive Director, Alternative Chance/Chans Altenativ, michelle.karshan@gmail.com, 917 853 0433, http://alternativechance.org/ . Ms. Karshan is the leading expert on the fate of criminal deportees on return to Haiti and frequently testifies as an expert witness on their behalf. Alternative Chance’s website has extensive recent information.
- Professors Rebecca Sharpless, Farrin Anello, and Caroline (“Carrie”) Bettinger-Lopez, Human Rights and Immigration Clinics, University of Miami School of Law, rsharpless@law.miami.edu, fanello@law.miami.edu, clopez@law.miami.edu, 305 284 6092, “Stop Deportations to Haiti,” http://www.law.miami.edu/clinics/immigration/stop-haiti-deportations.php
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Advocacy Links on Resumed Removals | Challenging the Removals | Press on the Removals | Understanding the Illegal Immigration Reform & Responsibility Act (IIRIRA) of 1996 | Mandatory Detention | Legislative Initiatives | Treatment and Prison Conditions for Criminal Deportees | Additional Articles and Reports